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(영문) 대구지방법원 2016.08.18 2015노4150
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the community service order 80 hours, the order of compliance driving lectures 40 hours) is too unreasonable.

2. The Defendant, who recognized the facts charged, reflects the facts charged, and the alcohol concentration in the blood of this case is 0.074% and is not high.

However, the Defendant, on April 5, 2015, was driving under the influence of alcohol and criminal proceedings are underway, and on April 25, 2015, the crime of this case was considerably not good, and the Defendant was punished three times (including one time of suspended execution) due to driving under the influence of alcohol.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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